Recognizing the need for a national regulatory framework for outer space activities, the Austrian Parliament reached a unanimous consensus on passing a comprehensive law on space activity and adopted BGB.I. Nr.132.(Act 132/2011) in 2011. Known in Austria as the Weltraumgesetz and in internationally as the Austrian Outer Space Act, it was passed in the last parliamentary session of 2011 and has only faced minor amendments. To further enforce the Weltraumgesetz, the Outer Space Regulation was enacted in 2015. This Regulation, combined with the amended version (2018) of the Weltraumgesetz constitute the regulatory framework for Austrian outer space activities.
The Weltraumgesetz consists of is a rather short law, consisting of just 18 paragraphs. Despite its brevity, the act establishes important foundations for a regulatory environment. It deals with liability in case of destruction caused by space objects and regulates both space activities and state responsibility. The law is officially titled Bundesgesetz über die Genehmigung von Weltraumaktivitäten und die Einrichtung eines Weltraumregisters (Austrian Federal Law on the Authorization of Space Activities and the Establishment of a National Registry). Although the law lacks a preamble (Promulgationsklausur) outlining its purpose, it was enacted to address the growing need for national regulations due to increasing space activities and the impending launch of several Austrian satellites.
Article 1 of the legislation outlines the law’s applicability. Not only does the law cover space activities on Austrian territory, vessels and airplanes, but it also covers space activities conducted by Austrian citizens. The law’s scope was tailormade for commercial actors who conduct space activities on Austrian territory or are Austrian citizens. Section 2of Article 1 limits the law’s private jurisdiction, applying it only when the contracting parties or international law place them under Austrian jurisdiction.
Article 2 address certain key definitions. The definition of a space object, for example, is established by Article 2 Section 1 as an object that “is launched or intended to be launched into outer space, including its components”. According to this definition, the purpose of the activity determines whether it is a space object. Thus, a spacecraft is considered a space object even before it enters outer space. This ensures that damage caused during a launch procedure, would still consider damage caused by a space object, ensuring clear enforceability, liability, and responsibility guidelines. This definition also brings Austrian regulations in line with international space practice. Even though UN Treaties do not specifically define a space object, international scholars and actors almost always apply a definition similar to the one laid out in the Weltraumgesetz. This demonstrates that the Austrian lawmakers were heavily influenced by international academic research and treaties. The Weltraumgesetz’s definition of space activity as the launch, operation or control of a space object, and the operation of the launch facility is also in line with international standards.
It is important to note that the law’s transitional provision (15. §) restricts applicability to only space activities conducted after the law’s passing. A notification from the operator should replace the verification of proper authorization for space activities conducted before the law’s enforcement. This ensures that the regulatory environment is coherent, but it does not violate the principle of prohibition of retroactivity.
The Weltraumgesetz also establishes a governmental authority under the Ministry for Transport Innovation, and Technology responsible for space activities. This differs from other states like France which has a special ministry for space assessment. In other countries, space activities are place under the authority of their Foreign Ministry, but this largely depends on the country’s governmental structure and extent of space activities.
Another aspect of the Weltraumgesetz is its establishment of a national registry of space objects. Article 9 assigns responsibility to the aforementioned ministry for maintaining the registry system, which is a mandatory for conducting space activities. This brings Austria into compliance with Articles I and II of the UN Registration Convention which requires launching states to register all space objects and inform the UN Secretary General. If Austria is not the sole launching state, the responsible registrar is determined by UN treaty. The registry establishes the legal fiction that personnel on Austrian spacecraft are under Austrian jurisdiction. Article 10 outlines the guidelines for the information to be included in the registry, also drawing on established international practices.
Article 4 details the processes and requirements necessary to receive launch authorisation and obtain a launch license. Among authorization criteria are reliability and capability, subjective judgements be determined by the Ministry. Other requirements include posing no immediate threat to safety and national security. The burden of proof is at the operator intending to launch the object. The act establishes that after necessary documents are submitted, evaluation must begin without undue delay and within 6 months. Establishing a deadline helps both competitiveness and ensures security for market actors and the government. Changing operator requires a separate authorisation. The state of registry can be changed accordingly in the National Registry, but the launching State status is irreversible and unalterable. That is why it is important to handle liability and space responsibility with caution as they are two distinct legal obligations.
Space sustainability obligations are also listed as criteria for authorization and include space debris mitigation, avoidance of harmful contamination, and orderly termination (Article 4-5). These principles help Austria’s space industry comply with international obligations and guidelines which require sustainable use of outer space. For ensuring contentious supervision of space activities, the Ministry bears responsibility as the state representative (Article 13) in compliance with Article 6 of the Austrian Outer Space Treaty. This is important because space activities can cause serious harm, requiring a government to take responsibility for non-governmental entities. This ensures that reparations and compensation cannot be avoided through bankruptcy.
Consequently, the law also addresses liability insurance regulations for commercial operators. Article 4, Section 4, requires non-governmental space actors to take out a minimum of € 60 million per insurance claim to ensure compensation can be paid for any damage. According to Article 11, recourse must be made to the government if damage was covered by the state instead of the operator. While there is a limit for damages caused on Earth’s surface, this limit is inapplicable if the operator or its agents are found to be at fault, ensuring absolute liability for total compensation if fault is found. Due to the catastrophic damage that can be caused by space activity, liability may not be excluded or limited. Insurance coverage can be lowered if the space activity is determined by the government to be of public interest. Public interest is based on scientific advancements, educational purposes, and other reasons. As a governmental operator, the Austrian government does not take out insurance as it itself bears responsibility and liability for its own space activities. Article 14 covers the infringement process, which renders both administrative and criminal offenses under the jurisdiction of Austrian courts. While the established fines may seem small, such as a minimum fine of €20,000 for unauthorised space activities, in reality, the costs and fines are often far larger sums.
The Weltraumgesetz provides a comprehensive legal framework for space activities, covering liability, authorization, and registration of space objects. It ensures compliance with international treaties, addresses space sustainability, and holds operators accountable for damages. The law also establishes a national registry and mandates insurance for commercial space activities, ensuring both national security and environmental responsibility in space operations. Given the rapid growth of space activities worldwide, other countries should follow Austria's lead by implementing similar regulatory frameworks. By doing so, they can ensure that space activities are conducted safely, responsibly, and sustainably. Consequently, the Austrian Weltraumgesetz sets a great example of ensuring space sovereignty while bringing a country clear regulation on responsibility and liability which complies with important UN treaties and space law in general.
